HomeMy WebLinkAbout972127.tiffHOLLAND & HART..,
ACIURNEYS AT LAW
DENVER • ASPEN
BOULDER • COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS • BOISE
CHEYENNE • JACKSON HOLE
SALT LAKE CITY
SUITE 500
2020 CAREY AVENUE
CHEYENNE, WYOMING 82001-3644
MAILING ADDRESS
PO. BOX 1347 ' ..-
-_
CHEYENNE, WYOMING 82003-1347., .. -
August 26, 1997
CERTIFIED MAIL #P 331 764 729
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Re:KN Energy, Inc./Lazy D Condemnation
Ladies/Gentlemen:
TELEPHONE (307) 778-4200
r ',FACSIMILE (307) 778-8175
DAVID G. DITTO
(307) 778-4255
dditto@hollandhart.com
Enclosed please find a copy of the Petition in Condemnation
filed by KN Energy with respect to a facility site and pipeline currently
under construction in Weld County. This notice is provided to you
pursuant to CRS § 30-28-101(10)(c)(11) and Weld County Subdivision
Ordinance 173-D, 2.19(11). It is our understanding that you have 20
days after receipt of this notice to intervene or otherwise object to the
condemnation.
By way of background, the pipeline is part of KN Energy's Pony
Express Pipeline extending through Wyoming and Colorado to
Freeman, Missouri. The facility site and section of the pipeline
relating to the condemnation is referred to as the Rockport Lateral.
The Rockport Lateral is a 16 inch underground pipeline which will be
used to transport natural gas. The pipeline has been approved by the
Federal Energy Regulatory Commission (FERC), which issued its
Certificate of Public Convenience and Necessity on May 30, 1997.
The Petition includes additional background information and property
location plats providing more detail on the location of the facility site
and pipeline route.
It is our understanding that condemnation creates an exemption
to CRS § 30-28-101(10) and Subdivision Ordinance 173-D restricting
subdivision of parcels less than 35 acres. The reason for this
972127
HOLLAND & HART
ATTORNEYS AT LAW
Board of County Commissioners
August 26, 1997
Page 2
condemnation action and related notice is, in part, for purposes of
obtaining the exemption and to obtain fee interest by KN in the facility
site and a non-exclusive easement with respect to the pipeline.
We also understand that the pipeline and appurtenant facilities
are exempt from the Weld County Zoning Ordinance. Under the
Zoning Ordinance the definition of "pipelines" exempts any pipeline 10
inches or larger in diameter, and appurtenant facilities, and any
pipeline regulated and licensed under FERC. It is our understanding
that the Rockport Lateral and related facility site qualify for the
exemption. If we are mistaken in our belief please advise us of any
zoning or regulation which would make the facility site and pipeline
subject to local zoning or regulation.
Thank you for your attention to this matter. If we can provide
additional information please give me a call.
Sincerely,
David G. Ditto
for Holland & Hart
DGD/kf
D/kf
Enclosure
cc Lee Morrison, Esq. (w/ encl.)
Weld County Department of Planning Services
William Schell, Esq.
Dick Sears
CHEYENNE:0080002.01
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 9 7 C` i' yqg Division /
PETITION IN CONDEMNATION
KN INTERSTATE GAS TRANSMISSION COMPANY,
a Colorado ccrporation,
Petitioner,
v.
LAZY D GRAZING ASSOCIATION,
a Colorado corporation,
Respondent.
Petitioner, KN Interstate Gas Transmission Company, ("KNI") by and through its
attorneys, Holland & Hart, for its Petition in Condemnation against Respondent, states
and alleges as follows:
1. Petitioner is now and was at all times relevant hereto a corporation, duly
organized and existing under the laws of the State of Colorado.
2. Respondent Lazy D Grazing Association is a Colorado corporation doing
business within the State of Colorado, and is the owner of the lands identified herein.
3. Petitioner intends to construct and operate a 16 inch underground pipeline
to transport natural gas. The pipeline will traverse land owned by Respondent as shown
on attached Exhibits A and C.
4. In addition to acquiring from Respondent temporary and permanent rights -
of -way for the pipeline, Petitioner requires a fee interest in a 5.74 acre Facility Site shown
as "Site 1" on Exhibit A ("Facility Site" or "Site") and more fully described in Exhibit B.
5. On or about May 30, 1997, the Federal Energy Regulatory Commission
("FERC") granted Petitioner a Certificate of Public Convenience and Necessity for
purposes of constructing and operating Petitioner's pipeline. The Certificate of Public
Convenience and Necessity substantiates the necessity for the pipeline and Facility Site.
6. The easement and property interests sought are necessary for construction
and operation of the pipeline, and the pipeline route includes the most direct route
practicable. The pipeline and Facility Site will traverse and occupy lands situated in Weld
County, Colorado, more particularly described in Exhibits A, B and C attached hereto.
7. Petitioner's easements through lands owned by Respondent will include
temporary construction easements and work spaces more fully depicted in Exhibit A, for
purposes of cultural resource, environmental and location surveys, and for construction
and operation of its Facility Site and pipeline. The pipeline will be buried to a sufficient
depth so as to cause little or no interference with Respondent's operations on the surface,
and Respondent will be compensated for damages.
9. The pipeline and Facility Site are necessary and essential public needs,
and the following are necessary and essential for construction and operation of the
Pipeline:
a. Entry to the proposed Facility Site, including rights -of -way, temporary
construction easements and work spaces as depicted in Exhibits A and B and owned by
Respondent for purposes of cultural resource, environmental and location surveys, and
for construction and operation of its facility and pipeline.
b. Fee interest in the 5.74 acre Facility Site (Exhibit B) and a 50' non-
exclusive, perpetual right-of-way across Respondent's property, (Exhibit C). In addition,
Petitioner requires an additional 25' wide temporary Construction Easement as generally
described in Exhibit C, for construction purposes (providing a 75' construction right-of-
way) along the entire Pipeline, and two 100' x 100' work space areas immediately east of
Highway 85 as identified on Exhibit A.
12. Insofar as is known to Petitioner, there are no other persons or entities of
record interested in the subject property, as owner or otherwise, who have not been
named as a Respondent herein.
13. Petitioner is informed and believes that this action does not affect the
property of any persons under guardianship or conservatorship.
14. Respondent has a duty to mitigate damages, if any, arising by reason of
this acquisition.
15. After good faith negotiations, the parties have failed to agree as to the
compensation to be paid for the property being acquired.
WHEREFORE, Petitioner prays:
A. That the compensation to be paid to the Respondents be determined in the
manner provided by law.
B. That the Court determine the proper deposit to be made by Petitioner for
taking possession of the subject property interests identified in Exhibits A, B and C, and
enter an order authorizing Petitioner and its contractors, agents, servants, employees and
assigns to enter into, take and retain possession of said property, together with the right
to construct its Facility and pipeline during the pendency of this proceeding.
C. That, if the ownership or interests in the subject property are not herein
correctly set forth, Respondent be required to set forth by answer the extent of its
respective interests, the names of any other interested persons or entities and the nature
and extent of their interests.
2
D. That Petitioner have judgment condemning the property described herein
upon payment of just compensation to Respondents or other parties in interest as
provided by law, and for a Rule and Order conveying said property to Petitioner.
E. For such other and further relief as the Court deems proper.
DATED this .20gday of August, 1997.
David G. Ditto, No. 18769
HOLLAND & HART
2020 Carey Avenue, Suite 500
Post Office Box 1347
Cheyenne, WY 82003-1347
(307) 778-4200
ATTORNEYS FOR PETITIONER
KN INTERSTATE GAS TRANSMISSION
COMPANY
Address of Petitioner:
KN Interstate Gas Transmission Company
370 Van Gordon St.
Lakewood, CO 80228-8304
CHEYENNE:0079796.01
C
��1
3
JUN 26 '97 04: adPr1 K. N_ EfIERb
• WORTH.CION,
LENNART & CARPE`l-ER, INC.
STREET, CASPER, WfOMIN 12601
for
P.2
Owner
City
200 NGr-:ORN
KN ENERGY, INC.
LAKEWOOD State
Address
COLORADO
37C VAN
Zip
GORDON STREET
8C228
PROPERTY LOCATION PLAT
51/2NEI/4 Section 5 ' , T. 11 N R 66 W , 6th Principal Meridian, Colorado
NI/25E1/4 Section 5 11 N , R 66 W. 6th Principal Meridian, Colorado
County WELD State
SCALE 1`x400'
•
ET REBAR
NOT TO SCALE
I
COLORADO
102' COVER
rt P.S. CO
100' COVER
COvtet
154" COVER
ISO' COVER
N.89'44'
E 1
5.730
ACRES
500'
S.89'44'71.
WILLIAMS
720' X 150'-"
EASEMENT
100x100
WORK
GROUN
'00.100'
rWoRK
l i OR0UH0 laid L72
Iac.IGO'
WCRX
OROU
TIBER Opp
I
PONY EXPRESS
ROCKPORT LATERP
IP
I�
Is
lC
C1EiLE
100' X 100'
KN METER SITE
0.230 ACRES
TRAILBLAZER
ILLIAMS
EXHIBIT
Scale 1'1,0400'
Date 3-13-97
'N 0 No 9383
Book No. _. Pg. •
Acad File: . W.LBROCKP
200 PRONGHORN
October 7, 1996
a
WORT'IINGTON, LENHART
and CARPENTER, INC.
CONSULTANTS:
ENGINEERING, LAND SURVEYING AND LAND PLANNING
GASPER, WYOMING 62601 • PHONE 307 / 266.2524
EXHIBIT 'A'
Attached to and made a part or that certain Surface Easement Agreement,
dated , 1997 from Lazy D Grazing Association, as
Grantor to IC N Interstate Gas Transmission Co., as Grantee.
AN Energy, Inc.
370 Van Gordon Street
Lakewood, CO. 80228
W.O. Hot 9383
(Page I o( 2)
Description: (5.730 Acres)
A Parcel located in and being a portion of the NW1/4SE1/4,
SW1/4NE1/4, Section 5, Township 11 North, Range 66 West of the
Sixth Principal Meridian, Weld County, Colorado and being more
particularly described by metes and bounds as follows:
Beginning at the northwesterly corner of the Parcel being
described and from which point the northeasterly corner of said
Section 5 bears N.35.14'E., 32O6; thence from said Point of
Beginning and along the northerly line of the Parcel being
described, N.89°44'E., 5OO feet to the northeasterly corner ._f said
Parcel and a point in and an intersection with the westerly right-
of-way line of Highway 85; thence along the easterly line of the
Parcel being described and the westerly right-of-way line of said
Highway 85, S.2.52'W., 5OO feet to the southeasterly corner of said
Parcel; thence along the southerly line of the Parcel being
described, 5.89.44'W., 5OO feet to the southwesterly corner of said
Parcel; thence along the westerly line of the Parcel being
described, N.2.52'E., 5OO feet to the Point of Beginning and
containing 5.730 acres, more or less, as set forth by the plat
attached and made a part hereof.
ing Said
rights-of-way
as and right of way subject
record or all
as may otherwise exist
ECG AAQNOHOAN
October 7, 1996
WORTHINGTON, LENHART
and CARPENTER, INC.
CONSULTANTS:
ENGINEERING, LAND SURVEYING AND LAND PLANNING
CABPE5. WYOMING 92Cnt PHONE ]07 /205-2:14
EXiIIBIT 'A'
RH gnarly, Inc.
370 Van Gordon Street
laXevood, CO. 80228
W.O. No.: 9383
Description: (50/ Wide. Pipeline Right -of -Way)
A parcel and Strip being 50 feet in width lccatad in and
t2rough portions of the N1/251/2, Section 35, N1/2531/4, El/25W1/4,
SW1/4SW1/4, section 34, SE1/45%1/4, Section 33, Township S12 ecNorth,4,
Rangs 66 West, and the N1/2NS1/4, E1/2NW1/4, SW1/4NW1/4,
SE1/4NEl/4, Ns1/45%1/4, Section 5, Township 11 North, Range 66West
of the Sixth Principal meridian, ald Co either y, County, orColorado and nd lY ngi25
feet perpendicular and parallel
being more particularly described as follows:
Beginning at the most easterly and of the centerline of said
Parcel and Strip and also a point in the easterly line of said
N1/251/2, Section 35 and from which point the record northeasterly
corner of said Section 35 bears NO5TH, 2994 feet; thence from said
Point of Beginning and into and across said N1/231/2, Section 35
and N1/25E1/4, Section 34, N.89°02'W., 6039 feet to a point;
thence 8.73.50'W., 243 teat to a point; thence N.89.48'W., 510
feat to a point; thence 5.89605'W., 325 feet to a point; thence
into and across said E1/2SW1/4, 5W1/45W1/4, Section 34, SEl/4&%1/4,
Section 33, N1/2NE1/4, E1/2SWl/4 Section 4, 6.59636'W., 7558 feet
to a point; thence N.85°03'W., 127 feat to a point; thence into
end across said 5W1/4NW1/4, Section 4, 6E1/42fE1/4, Section 5,
S.72'48'U., 2679 feat to a point; thence S.38.27'W., 730 fact to
a point; thence N.89°57'W., 99 feet to the Point of Ta ainuc and
also a point in the easterly right-of-way line of Highway 85 and
from which point the northeasterly corner of said Section 5 bears
N.37°06'W., 2361 feat and said Parcel and Strip containing 21.074
..cren, more or less, as set forth by the plat attached and made a
port .._roof.
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